THE HOME ENERGY SCORE PROGRAM

The City of Portland Home Energy Score Program intends to make energy performance in residential buildings more transparent, and to allow owners to make better educated decisions about the full costs of operating a home. It encourages energy efficient investments in homes that decrease utility bills, increase comfort, safety, and the health of the home owners.

The Residential Energy Performance Rating and Disclosure requirement provides the potential buyer information that may be substantial, but may not be evident. This information can assist home buyers in being able to compare different homes and their affordability

You must obtain a Home Energy Performance Report from a State Licensed Home Energy Assessor prior to publicly listing your house for sale. The Report is required if listing your property on the Regional Multiple Listing Service (RMLS) and other third party listing services that are intended for use by realtors or homebuyers to compare between real property for sale. A real estate listing includes any internet posting, printed advertisement, or publicly displayed sign.

ONCE YOU HAVE A HOME ENERGY REPORT

Provide the report to any licensed real estate listing agent working on behalf of the Seller.  The Seller may designate a real estate agent to act on behalf of the Seller to comply with the requirements.  The Seller shall ensure that copies of the Home Energy Performance Report are available and visible to all prospective buyers who visit the house while it is publicly listed for sale.

ENFORCEMENT

For the first violation, the Director may issue a written warning notice to the entity or person who refuses to comply, or misrepresents any material fact in the reported information. After 90 calendar days the Director may assess a civil penalty of up to $500. For every subsequent 180-day period during which the violation continues, the Director may assess additional civil penalties up to $500.

LOW-INCOME SELLER DEFERRAL

A Seller may seek a low-income seller deferral from the Director where the Director determines that compliance would cause undue hardship under any of the following circumstances:

  • The low-income qualified seller demonstrates household income is at or below 60 percent of median household income for the Portland-Vancouver-Hillsboro, OR-WA Metropolitan Statistical Area.
  • The low-income qualified seller has been approved for participation in Free and Reduced Price Meals through Oregon Department of Education.
  • The low-income qualified seller has been approved for participation in Oregon Low-income Home Energy Assistance Program.
  • Check here for more information and to apply.

Any low-income qualified seller who is seeking deferral shall submit a notice of deferral in writing to the Director before the covered building is listed publicly for sale.

When a seller provides notice of a low-income seller deferral, compliance with the requirements shall be upon the buyer. The buyer is now responsible for obtaining a home energy performance report from a state licensed home energy assessor. The buyer must also provide a copy to the Director within 6 months of the original sale date, or at the subsequent time of listing for sale, if it occurs less than 6 months from the original sale date.

EXEMPTIONS

BUILDING EXEMPTIONS

Building Exemptions include multiple housing units that are stacked vertically, such as an apartment or multifamily structure, detached accessory dwelling units, manufactured dwellings such as mobile homes, or single dwelling units used solely for commercial purposes.

SALE EXEMPTIONS

The property is exempt if it is listed as part of:

  • a foreclosure sale
  • a trustee sale
  • a deed-in-lieu of foreclosure sale
  • a pre-foreclosure sale in which seller has reached an agreement with the mortgage holder to sell the property for an amount less than the amount owed on the mortgage.

UNDUE HARDSHIP EXEMPTIONS

The covered building qualifies for sale at public auction or acquisition by a public agency due to arrears for property taxes.

The senior mortgage on the covered building is subject to a notice of default.

The covered building is under control of a court appointed receiver due to financial distress.

The covered building is condemned by action of a government entity.

The covered building’s structure is deemed uninhabitable due to casualty.

Due to a special circumstance unique to the covered building, compliance would cause undue hardship for the Seller.

The covered building has been approved for participation in Oregon Property Tax.

Deferral for Disabled and Senior Citizens, or equivalent program as determined by the Director.

The exemption request must be received by the Director no later than 10 business days prior to the date of listing the covered building for sale by email.  Click here for more information and to apply.

For further information on the new rules.

© Copyright Your Home Energy Score.